Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you could be required to sue another driver in a small claims court. Before taking this action, you should consult with an experienced accident attorney.
The insurance company of the other side will investigate your claim to determine the liability for the collision and compensate you for your injuries, car damage, and losses such as pain and suffering. The process typically involves the following steps.
Gathering Information
Take photographs of the cars involved in the accident. Include any injuries or damage. These photographs will prove that the accident happened in the manner you described. Take pictures of the
auto accident lawyers site, including any skidmarks or debris.
If you can, it's essential to get the names, addresses, and phone numbers from eyewitnesses. They could be later able to provide evidence about the circumstances surrounding the incident and who was at fault. In some cases eyewitness testimony is the most valuable evidence in the course of a lawsuit.
Note down the insurance information of all the parties involved. You will need the insurance company name as well as the policy number and contact information, as well as the driver's name and license plate number. In the event that you can get this information as quickly as you can could avoid disputes or
Auto Accident Lawyer confusion later on.
Documentation of medical expenses and treatments could be extremely helpful for claims. Keep receipts for prescription medicines and other expenses related to the accident. This can help in proving the damages you claim. If you are unable to work due to your injuries, it's important to keep an eye on your lost wages.
Claim Form
If you're able to do so, it's best to start your claim as soon as possible following the accident. This allows the insurer to review your claim and begin work. It also ensures that your claim is within the deadlines stipulated by New York law.
When you file an insurance claim for your car it is necessary to provide details about the accident and any injuries that you sustained due to it. The information you provide will be used to calculate your damages, which could include reimbursement for medical expenses, lost wages, property damage, and pain and suffering.
If it is necessary the insurance company must to determine who is to blame. It is beneficial to have the final police report available to aid in this process. It is essential to remember that determining who is to blame is not always an easy task. In some cases even if you believe the crash was your fault, other factors could be responsible for it. New York, for example is a state that has a relative negligence system, which means your damages are reduced according to the percentage of your fault.
The insurance company will assign an adjuster to your case. You should bring your lawyer present during your conversation with the adjuster. They'll give you an objective viewpoint and assist you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it might be necessary to go to court to secure the compensation you're entitled to.
Inspecting the damages
They'll want to go to the scene of the accident to see the scene for themselves. They may interview you and the other people involved in the crash, talk to eyewitnesses and look at your vehicles. They will also examine your medical records, expenses, and lost wages to gain a better understanding of the effect that the accident had on you.
While you wait for the police to arrive at the scene You can take photos using your mobile phone. This will allow you to document skid marks, the locations of both cars and their extent of damage, as well as the presence of any obstructions.
During this time it is recommended to exchange contact and insurance information with other drivers in the accident, if safe to do this. Jot down each person's name address, phone number, address and the insurance company's policy numbers and driver's licence information. Note the vehicle's make, year and license plate number.
In the heat of the circumstances, it could be tempting to blame another driver. However, this can backfire. Angry remarks could be used against you in court and you should be calm and do not admit to any fault or guilt at the scene of the collision. If you are able, it's a good idea to keep the names and numbers of any witnesses who witnessed the collision.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be difficult and stressful, especially if you're dealing with costs for medical expenses and lost wages. Fortunately the process can be speeded up by hiring a skilled lawyer to negotiate with the insurance company on your behalf. An attorney will have a better understanding of the law, how to calculate your total loss and damages and what to expect from an insurance company during settlement negotiations.
The first step is writing an official letter of demand that includes the amount you need to pay for your medical expenses and other injuries. Your lawyer can help you create this list and include any other documents that support your request. For instance, if for example you sent the insurance adjuster photos of your car and injuries that were particularly severe and significant, your lawyer will highlight those photos in negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. These are based on the emotional stress and mental agony that you've suffered as a result of the
Auto Accident Law Firm.
If you engage an attorney to negotiate the settlement on your behalf insurance companies take claims more seriously and typically offer higher settlements. If the insurance company refuses to provide an acceptable settlement, your lawyer will start a lawsuit and advocate for you in court.